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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND BONNIE ZAHN GRIFFITH THIS ART AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND BONNIE ZAHN GRIFFITH (hereinafter "AGREEMENT") is made between City Of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Bonnie Zahn Griffith, 3012 N Springtime Way, Meridian, Idaho, 83646 (hereinafter "ARTIST"). CITY and ARTIST agree that CITY, with its purchase of the ART, acquires the right to use the ART and its image, including any portion of its image. The use of ART may include, but is not limited to, electronic and print promotion of CITY-sponsored programs, communications, and functions. ART may be provided to other entities, such as newspapers or other publishers, for inclusion in print advertisements. THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one ( 1) oil painting entitled "Twilight on the River" generally depicting a vibrant winter scene (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto as Attachment 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed thirty dollars ($30) for the ART. 3. RIGHT TO USE IMAGES: CITY and ARTIST agree that CITY, with its purchase of the ART, acquires the right to use the ART, including any portion of it as follows: 4. CITY'S EFFORTS TO PROTECT ARTIST'S RIGHTS: CITY will make reasonable efforts to protect ARTIST's rights from infringement by third parties, including requiring credit to appear as Artist Bonnie Zahn Griffith with all uses of ART as set out herein, and by utilizing anti-pirating features of social media, where possible. 5. RESALE: CITY shall not resell the ART image. 6. NON-DESTRUCTION: CITY shall not permit any modification of the ART other than what ARTIST may approve of prior to such modification. 7. MORAL RIGHT: CITY shall not permit any use of ARTIS T's name or misuse of the ART which is likely to discredit ARTIST's reputation or which would violate the spirit of the ART. 8. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 9. ATTORNEY FEES: Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this AGREEMENT or to declare forfeiture or termination. 10. JURISDICTION AND VENUE: It is agreed that this AGREEMENT shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that ART PURCHASE AGREEMENT 2015 -BONNIE ZAHN GRIFFITH PAGE 1OF3 1.-0 \lo- 00 I ---PAGE BREAK--- proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. DATED this 4- day of January, 2016. CITY ARTIST City of Moscow, Idaho Bonnie Zahn Griffith 3012 N Springtime Way Meridian, ID 88646 ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) Qolb On this LJ day of ~ lA 0!=:1 ,..2.0-14, before me, a Notary Public in and for said State, appeared Bonnie Zahn Griffith, knowl to me to be the person named above and acknowledged that she executed the foregoing 1the duly authorized representative. oLAS • • • _ , ' v • /J ~ : f ~OTAJ:i~ ~ : : : : : otary Public for tate ofldaho : \ '°Lls\.\V J E Residing at fide. r I ,P My commission expires 10-- 19' I n'i!' c OF \v ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this \ Z day of~ J o ~ , 201 l. before me, a Notary Public in and for said State, appeared Jennifer Pfiffner known to m~the person named above and acknowledged that she executed the foregoing document as the duly authorized representative for the City of Moscow, Idaho. M. .it 11,, ~ , O,,.o ~ I ! ~OT.i\.9). : I - \ ~ J - ~ \ C'.laL\C ~